Janitor working during renovation of office building dies of mesothelioma. $107M. Los Angeles County.

Summary

Plaintiffs claim exposure to asbestos from building products used in the original construction in the 1970s.

Case Name: Hernandezcueva v. EF Brady Company, Inc. et al.
Court and Case Number: Los Angeles Superior Court / BC475956 (consolidated with BC558820)
Date of Verdict or Judgment: Tuesday, July 11, 2023
Date Action was Filed: Tuesday, May 01, 2012
Type of Case: Asbestos, Wrongful Death
Judge or Arbitrator(s): Hon. Cary H. Nishimoto
Plaintiffs:
Jovana Collantes individually and as successor-in-interest to Joel Hernandezcueva
Nohely Hernandez
Joanna Hernandez
Joel Hernandez, Jr.
Jenny Hernandez
Defendants:
EF Brady Company, Inc.
Elementis Chemicals, Inc.
Union Carbide Corporation
Type of Result: Jury Verdict

Gross Verdict or Award: $107,336,044
Award as to each Defendant:
46.4% apportioned to Union Carbide Corporation

10% apportioned to EF Brady Company, Inc.

5% apportioned to Elementis Chemicals, Inc. So

61.4% of noneconomic damages apportioned to the three trial defendants

$75 million in punitive damages to Union Carbide Corporation
Economic Damages:
$2,806,044
Non-Economic Damages:
$29,530,000
Punitive Damages:
$75,000,000 against defendant Union Carbide Corporation
Trial or Arbitration Time: Approximately 10 weeks
Jury Deliberation Time: 6 days
Jury Polls: 12-0 on all damages questions, between 9-3 and 11-1 on liability questions.
Post Trial Motions & Post-Verdict Settlements: None yet

Attorney for the Plaintiff:
Dean Omar Branham Shirley LLP by Benjamin H. Adams, Rachel A. Gross and Jonathan A. George, Dallas, TX and Richmond, VA.
Attorney for the Defendant:
Polsinelli LLP by Stephen M. Nichols, Mary T. McKelvey and David K. Schultz, Los Angeles. (For Union Carbide Corporation.)

Hawkins Parnell & Young LLP by Jerry C. Popovich, Santa Ana. (For EF Brady Company, Inc.)

Dehay & Elliston LLP by William H. Armstrong and Heather L. Weakley, Walnut Creek and Los Angeles. (For Elementis Chemicals, Inc.)

Plaintiff’s Medical Expert(s):
Arthur Frank, M.D., Ph.D., specific causation, occupational medicine.

Arnold Brody, Ph.D., general causation, cell biology.

Cannon Milani, M.D. oncology. (Treating physician.)

Brian Paik, M.D., primary care. (Treating physician.)
Defendant's Medical Expert(s):
None.
Plaintiff's Technical Expert(s):
William Longo, Ph.D., materials science.

Robert W. Johnson, economics.
Defendant's Technical Expert(s):
Kenneth White, industrial hygiene.

Gary Paoli, construction.

Robert Gallucci, construction.

Facts and Background:
Joel Hernandezcueva was exposed to defendants' asbestos-containing products while working as a janitor during remodel and renovation at a large complex of office buildings in Irvine, called Park Place from 1992 to 1995.

He later developed and died of pleural mesothelioma, an invariably fatal cancer of the lining of the lung only caused by exposure to asbestos. He was 45 years old. He left behind a 36-year-old wife, and four young children.
Plaintiff's Contentions:
That the defendants' defective asbestos products and negligence caused Mr. Hernandezcueva's mesothelioma and death. That the asbestos-containing drywall and joint compound used in the original construction of the building during the 1970s caused harm to Mr. Hernandezcueva. Union Carbide’s asbestos supplied by Elementis Chemicals, Inc. was in the joint compound. EF Brady was the drywall contractor that sold and installed the joint compound and drywall during the original construction in 1975-1976.
Defendant's Contentions:
Defendants denied negligence, denied that their products were defective, denied causation, and disputed the amount and extent of plaintiffs' damages.

Physical Injuries claimed by Plaintiff:
Pleural mesothelioma and death.
Loss of consortium, economic and noneconomic damages, and punitive damages against Union Carbide Corporation.

No defendant ever offered to settle. Plaintiff sent 998s to each defendant long before trial, including one to EF Brady in 2018.